• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to secondary sidebar

Alston & Bird Privacy, Cyber & Data Strategy Blog

  • Home
  • Services
  • Events
  • Contacts

The FTC Decides to Uphold the CAN-SPAM Rule Without Any Changes

February 25, 2019 By Alexandra Rajic and Michael Young

On February 12, 2019, the Federal Trade Commission announced that it completed its first review of the CAN-SPAM Rule, a rule governing commercial e-mail. Based on its review, the FTC announced its decision, available here, to “retain the [R]ule in its present form.”

The FTC reviewed public comments and proposals in making its determination. According to the FTC’s confirmation of the Rule available here, of the 92 comments received, most were submitted by individual consumers and many suggested modifications to the Rule. Many comments were responses to specific issues raised by the FTC regarding whether the FTC should:

  • modify the type of messages treated as “transactional or relationship messages,”
  • shorten the time period for processing opt-out requests, or
  • identify additional practices that constitute “aggravated violations.”

In rejecting all of the suggested modifications, the FTC found that no proposed modification presented sufficient evidence that its added consumer benefit would outweigh its increased burden on businesses. However, the FTC stated that it would monitor matters and, if necessary, amend the Rule at some point in the future. The FTC also stated that it will “review and consider revising its existing Compliance Guide for Business” to help businesses “more easily understand the Rule’s protections and requirements.” Finally, the FTC noted that many of the suggested modifications could “inform industry best practices” even if they ultimately didn’t become requirements under the Rule.

Filed Under: Privacy Policy, Regulation Tagged With: CAN-SPAM, Federal Trade Commission (FTC)

About Alexandra Rajic

Alexandra Rajic is an associate on Alston & Bird’s Privacy & Data Security Team. She combines her background in engineering, technology, and business with her meticulous work ethic to consistently provide exceptional service to her clients.

[Read Bio]

About Michael Young

Michael is counsel on the Privacy & Data Security Team. Michael focuses his practice on data privacy advising and technology transactions.

[Read Bio]

Primary Sidebar

This blog is a service of Alston & Bird’s Privacy, Cyber & Data Strategy team and focuses on key data privacy and data security issues.


Receive email notifications when new posts are added.

Receive email notifications when new posts are added.


THE DIGITAL DOWNLOAD
Click here to see the editions

PRIVACY & CYBER EVENTS
Click here to see upcoming and past events

PRIVACY & CYBER MAILINGS
Click here to sign up

@ALSTONPRIVACY
Click here to follow us on Twitter

Secondary Sidebar

Categories

Recent Posts

  • President Biden Issues Executive Order on America’s Supply Chains
  • Eleventh Circuit Holds Risk of Future Harm Does Not Establish Article III Standing
  • European Commission Adopts Draft UK Adequacy Decision
  • NYDFS Issues Best Practices for Cyber Insurance Risk Management
  • Fifth Circuit Decision Raises Cyber Enforcement Complications for the U.S. Department of Health and Human Services
Copyright © 2021 · Alston & Bird · All Rights Reserved. Privacy.